Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rcrh6 Total loading time: 0 Render date: 2024-11-22T19:15:55.608Z Has data issue: false hasContentIssue false

2 - The Most Dangerous Right: Walking Away from an Officer

from Part I - Bye, Bye Bill of Rights

Published online by Cambridge University Press:  08 December 2020

Josephine Ross
Affiliation:
Howard University School of Law (Washington, DC)
Get access

Summary

When police officers don’t order someone to stay and don’t frisk, civilians are legally allowed to walk away from officers who begin to question them. This right to walk away is pure legal fiction. Although the “free to leave” right is engraved in Supreme Court opinions, my Howard law students warned me that if we taught this during Know Your Rights trainings, we would endanger the teenagers. This legal fiction puts anyone approached by police officers in a lose–lose situation or “double bind.” If we don’t leave, we cannot complain later if it turns out the officer lacked a proper reason for the stop, and any evidence police find will be used against us in court. Yet, running from the police creates a possibility of being shot, and even walking away invites retaliation. We exercise our rights at our peril. Just as judges sometimes ask domestic violence victims “why didn’t you leave?” the Fourth Amendment demands that judges blame civilians for stopping and talking to police. Instead, the law should incorporate insights from the domestic violence advocates; namely, that the people stopped by police are in a better position to know whether it’s safe to leave than judges.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×